SELLER S PROPERTY DISCLOSURE (RESIDENTIAL)

Transcription

1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (SPD ) (Mandatory 1-12) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER. Seller states that the information contained in this Disclosure is correct to Seller s CURRENT ACTUAL KNOWLEDGE as of this Date. Any changes will be disclosed by Seller to Buyer promptly after discovery. Seller hereby receipts for a copy of this Disclosure. If the Property is part of a Common Interest Community, this Disclosure is limited to the Property or Unit itself, except as stated in Section L. Broker may deliver a copy of this Disclosure to prospective buyers. Note: If an item is not present at the Property or if an item is not to be included in the sale, mark the N/A column. The Contract to Buy and Sell Real Estate, not this Disclosure form, determines whether an item is included or excluded; if there is an inconsistency between this form and the Contract, the Contract controls. Date: Property Address: Seller: I. IMPROVEMENTS A. STRUCTURAL S Do any of the following conditions now exist or have they ever existed: Yes No 1 Structural problems 2 Moisture and/or water problems 3 Damage due to termites, other insects, birds, animals or rodents 4 Damage due to hail, wind, fire or flood 5 Cracks, heaving or settling problems 6 Exterior wall or window problems 7 Exterior Artificial Stucco (EIFS) 8 Any additions or alterations made 9 Building code, city or county violations B. ROOF 1 Roof problems 2 Roof material: Age Roof material: Age 3 Roof leak: Past 4 Roof leak: Present 5 Damage to roof: Past 6 Damage to roof: Present 7 Roof under warranty until. Transferable 8 Roof work done while under current roof warranty 9 Skylight problems 10 Gutter or downspout problems SPD SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) Page 1 of 6

2 C. APPLIANCES 1 Built-in vacuum system & accessories 2 Clothes dryer 3 Clothes washer 4 Dishwasher 5 Disposal 6 Freezer 7 Gas grill 8 Hood 9 Microwave oven 10 Oven 11 Range 12 Refrigerator 13 T.V. antenna: Owned Leased 14 Satellite system or DSS dish: Owned Leased 15 Trash compactor n N/A Comments D. ELECTRICAL & TELECOMMUNICATIONS 1 Security system: Owned Leased 2 Smoke/fire detectors: Battery Hardwire 3 Carbon Monoxide Alarm: Battery Hardwire 4 Light fixtures 5 Switches & outlets 6 Aluminum wiring (110) 7 Electrical: Amps 8 Telecommunications (T1, fiber, cable, satellite) 9 Inside telephone wiring & blocks/jacks 10 Ceiling fans 11 Garage door opener 12 Garage door control(s) # 13 Intercom/doorbell 14 In-wall speakers volt service 16 Landscape lighting n N/A Comments E. MECHANICAL 1 Air conditioning: Evaporative cooler Window units Central 2 Attic/whole house fan 3 Vent fans 4 Humidifier n N/A Comments SPD SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) Page 2 of 6

3 5 Air purifier 6 Sauna 7 Hot tub or spa 8 Steam room/shower 9 Pool 10 Heating system: Type Type 11 Water heater: Number of type Capacity 12 Fireplace: Type 13 Fireplace insert 14 Stove: Type 15 When was fireplace/wood stove, chimney/flue last cleaned: Date: Do not know 16 tanks: Owned Leased 17 Radiant heating system: Interior Exterior Hose Type 18 Overhead door 19 Entry gate system 20 Elevator F. WATER, SEWER & OTHER UTILITIES 1 Water filter system: Owned Leased 2 Water softener: Owned Leased 3 Sewage problems: Yes No Do not know 4 Lift station (sewage ejector pump) 5 Drainage, storm sewers, retention ponds 6 Grey water storage/use 7 Plumbing problems: Yes No Do not know 8 Sump pump 9 Underground sprinkler system 10 Fire sprinkler system 11 Polybutylene pipe: Yes No Do not know 12 Galvanized pipe: Yes No Do not know 13 Backflow prevention device: Domestic Irrigation Fire Sewage 14 Irrigation pump 15 Well pump n N/A Comments G. OTHER DISCLOSURES IMPROVEMENTS 1 Included fixtures and equipment now in working condition Yes No n N/A Comments SPD SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) Page 3 of 6

4 II. GENERAL H. USE, ZONING & LEGAL ISSUES 1 Zoning violation, variance, conditional use, violation of an enforceable PUD or non-conforming use 2 Notice or threat of condemnation proceedings 3 Notice of any adverse conditions from any governmental or quasi-governmental agency that have not been resolved 4 Violation of restrictive covenants or owners association rules or regulations 5 Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body 6 Notice of zoning action related to the Property 7 Other legal action I. ACCESS, PARKING, DRAINAGE & SIGNAGE 1 Any access problems 2 Roads, driveways, trails or paths through the Property used by others 3 Public highway or county road bordering the Property 4 Any proposed or existing transportation project that affects or is expected to affect the Property 5 Encroachments, boundary disputes or unrecorded easements 6 Shared or common areas with adjoining properties 7 Requirements for curb, gravel/paving, landscaping 8 Flooding or drainage problems: Past 9 Flooding or drainage problems: Present J. WATER & SEWER SUPPLY 1 Water Rights: Type 2 Water tap fees paid in full 3 Sewer tap fees paid in full 4 Subject to augmentation plan 5 Well required to be metered 6 Type of water supply: Public Community Well Shared Well Cistern None If the Property is served by a Well, a copy of the Well Permit Is Is Not attached. Well Permit #: Drilling Records Are Are not attached. Shared Well Agreement Yes No. The Water Provider for the Property can be contacted at: Name: Address: Web Site: Phone No.: There is neither a Well nor a Water Provider for the Property. The source of potable water for the Property is [describe source]: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER S WATER SUPPLIES. 7 Type of sanitary sewer service: Public Community Septic System None Other If the Property is served by an on-site septic system, supply to buyer a copy of the permit. Type of septic system: Tank Leach Lagoon SPD SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) Page 4 of 6

5 K. ENVIRONMENTAL S Do any of the following conditions now exist or have they ever existed: Yes No 1 Hazardous materials on the Property, such as radioactive, toxic, or biohazardous materials, asbestos, pesticides, herbicides, wastewater sludge, radon, methane, mill tailings, solvents or petroleum products 2 Underground storage tanks 3 Aboveground storage tanks 4 Underground transmission lines 5 Animals kept in the residence 6 Property used as, situated on, or adjoining a dump, land fill or municipal solid waste land fill 7 Monitoring wells or test equipment 8 Sliding, settling, upheaval, movement or instability of earth or expansive soils on the Property 9 Mine shafts, tunnels or abandoned wells on the Property 10 Within governmentally designated geological hazard or sensitive area 11 Within governmentally designated flood plain or wetland area 12 Dead, diseased or infested trees or shrubs 13 Environmental assessments, studies or reports done involving the physical condition of the Property 14 Property used for any mining, graveling, or other natural resource extraction operations such as oil and gas wells 15 Interior of improvements of Property tobacco smoke-free 16 Other environmental problems L. COMMON INTEREST COMMUNITY ASSOCIATION PROPERTY 1 Property is part of an owners association 2 Special assessments or increases in regular assessments approved by owners association but not yet implemented 3 Has the Association made demand or commenced a lawsuit against a builder or contractor alleging defective construction of improvements of the Association Property (common area or property owned or controlled by the Association but outside the Seller s Property or Unit). M. OTHER DISCLOSURES GENERAL 1 Any part of the Property leased to others (written or oral) 2 Written reports of any building, site, roofing, soils or engineering investigations or studies of the Property 3 Any property insurance claim submitted (whether paid or not) 4 Structural, architectural and engineering plans and/or specifications for any existing improvements 5 Property was previously used as a methamphetamine laboratory and not remediated to state standards 6 Government special improvements approved, but not yet installed, that may become a lien against the Property SPD SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) Page 5 of 6

6 Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Property inspection services may be purchased and are advisable. This form is not intended as a substitute for an inspection of the Property. ADVISORY TO SELLER: Failure to disclose a known material defect may result in legal liability. The information contained in this Disclosure has been furnished by Seller, who certifies to the truth thereof based on Seller s CURRENT ACTUAL KNOWLEDGE. Seller Date Seller Date ADVISORY TO BUYER: 1. Even though Seller has answered the above questions to Seller s current actual knowledge, Buyer should thoroughly inspect the Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the status of the following matters: a. the physical condition of the Property; b. the presence of mold or other biological hazards; c. the presence of rodents, insects and vermin including termites; d. the legal use of the Property and legal access to the Property; e. the availability and source of water, sewer, and utilities; f. the environmental and geological condition of the Property; g. the presence of noxious weeds; and h. any other matters that may affect Buyer s use and ownership of the Property that are important to Buyer as Buyer decides whether to purchase the Property. 2. Seller states that the information is correct to Seller s current actual knowledge as of the date of this form. The term current actual knowledge is intended to limit Seller s disclosure only to facts actually known by the Seller and does not include constructive knowledge or common knowledge or what Seller should have known about the Property. The Seller has no duty to inspect the Property when this Disclosure is filled in and signed. 3. Valuable information may be obtained from various local/state/federal agencies, and other experts may assist Buyer by performing more specific evaluations and inspections of the Property. 4. Boundaries, location and ownership of fences, driveways, hedges, and similar features of the Property may become the subjects of a dispute between a property owner and a neighbor. A survey may be used to determine the likelihood of such problems. 5. Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller s Property Disclosure. 6. Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer s intended purposes or use of the Property. Buyer acknowledges that Seller s indication that an item is working is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for Buyer s intended purposes. 7. Buyer hereby receipts for a copy of this Disclosure. Buyer Date Buyer Date SPD SELLER S PROPERTY DISCLOSURE (RESIDENTIAL) Page 6 of 6